Legal Opinion

Missouri Pacific Railway Co. v. Hansen

Nebraska Supreme Court

Decided April 21, 1896No. 6466PublishedCited by 7 opinions

Error from the district court of Douglas county. Tried below before Scott, J. See opinion for statement of the case. Speed alone, uncoupled with any other fact or circumstance, is insufficient to show gross negligence on part of a railroad company.

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Error from the district court of Douglas county. Tried below before Scott, J. See opinion for statement of the case. Speed alone, uncoupled with any other fact or circumstance, is insufficient to show gross negligence on part of a railroad company. (Burlington & M. R. R. Go. v. Wendt, 12 Neb., 78; Illinois O. R. Go. v. Hetherington, 83 Ill., 510; Powell v. Missouri P. R. Go., 76 Mo., 80; Goodwin v. Chicago, R. I. & P. R. Go., 75 Mo., 73; Louisville & N. R. Go. v. Howard, 82 Ky., 212; Shackleford v. Louisville & N. R. Go., 84 Ky., 43; Warner v. New York G. R. Go., 44 N. Y., 465; Gonnyers v.…

1Opinion of the Court

Ik vine, C.

Mamie Hansen, an infant, brought this action by her next friend against the Missouri' Pacific Railway Company to recover for personal injuries. She had a judg*234ment for $11,000, which the railway company by these proceedings seeks to reverse.

The petition alleges that the plaintiff was, at the date of the injury complained of, twelve years of age; that the defendant was the owner of and operating a line of railroad from Omaha to Kansas City. Then comes the following: “That on the line of defendant’s said railroad, and within a thickly settled neighborhood adjoining the corporate…

2Cases cited3 opinions

  1. Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
  2. B. & M. R. R. v. WendtNebraska Supreme Court · 1881
  3. Omaha & Republican Valley Railway Co. v. CookNebraska Supreme Court · 1895

3Cited by7 opinions

  1. Omaha & Republican Valley Railway Co. v. TalbotNebraska Supreme Court · 1896
  2. Omaha & Republican Valley Railway Co. v. KrayenbuhlNebraska Supreme Court · 1896
  3. Kennedy v. Chicago, Rock Island & Pacific RailroadNebraska Supreme Court · 1953
  4. Henry v. EpsteinIndiana Court of Appeals · 1913
  5. Hines v. SweeneyWyoming Supreme Court · 1921

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